THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SAMBASIVARAO NAIDU CRIMINAL APPEAL No.245 of 2015

JUDGMENT

(per the Hon’ble Sri Justice P. SAM KOSHY Aggrieved by the judgment of conviction dated 30.01.2014 in S.C.No.346 of 2012 passed by the VI Additional Sessions Judge at Siddipet, the present appeal has been preferred by the appellant – accused under Section 374(2) of Cr.P.C.

2. Heard Mrs. P. Satya Manjula (Legal Aid), learned counsel for the appellant and Mrs. Shalini Saxena, learned Additional Public Prosecutor appearing for the respondent – State.

3. Vide the impugned judgment of conviction, the Trial Court had found the appellant guilty of charges Section 302 and 379 of the Indian Penal Code, 1860 (for short, ‘IPC’). Having found the appellant guilty for the aforesaid two offences, the appellant has been sentenced to undergo life imprisonment with a fine of Rs.1,000/- and with default stipulation of simple imprisonment of three (03) months for the offence under Section 302 of IPC. The appellant has also been sentenced to undergo simple imprisonment of one (01) year for the offence under Section 379 of IPC.

4. The case of the prosecution, in brief, is that on 22.11.2011 PW.1 (S. Bhumaiah) lodged a complaint informing the police authorities about his receiving information that his daughter S. Nagamani (a woman who was deserted by her husband) aged around forty (40) years being found dead in the bushes aside to Rajiv Rahadari near Siddept. Upon receipt of the complaint, the police authorities registered the case as Cr.No.135 of 2011 for the offence under Section 302 of IPC. Thereafter, visited the scene of offence, conducted inquest and seized one boulder containing blood stains and controlled earth and blooded earth from the scene of offence. The body was thereafter sent for post- mortem to know the exact cause of death. PW.9 (Dr. S.Suresh) had conducted the autopsy at the scene of offence itself as the body was not in a position wherein it could be taken to the hospital for post-mortem. After conducting the post-mortem, PW.9 reached to the conclusion that the cause of death was due to cardio respiratory arrest secondary to “intra cranial injury” and according to PW.9 the death must have occurred approximately thirty-six (36) hours prior to the time when post-

mortem examination was conducted.

5. Initially, the investigation did not lead to any clue, however, after about five (05) months i.e. on 02.05.2012 under suspicious circumstances, the police authorities is said to have picked up the appellant and in the course of questioning and search; one gold ear stud was found in his pocket. Upon further grilling, the appellant is said to have made the confession in front of the panchas admitting him having eliminated the deceased S. Nagamani so as to get the jewelry she was wearing based upon which he was arrested and later on charge-sheet was filed for the offence punishable under Section 302 and 379 of IPC.

6. The matter was put to trial before the Trial Court i.e. VI Additional Sessions Judge at Siddipet where the case was registered as S.C.No.346 of 2012. The prosecution in all examined ten (10) witnesses and got exhibited eight (08) documents i.e. Exs.P1 to 8. There was no evidence led by the appellant in defence, neither was there any document exhibited. Later on, after recording the statement of the appellant under Section 313 of Cr.P.C, finally the impugned judgment of conviction was passed holding the appellant guilty of having committed the said offence.

7. Learned counsel for the appellant contended that the prosecution in the present case has miserably failed to prove its case since there was no direct evidence available with the prosecution and the entire case has been finalized based on circumstantial evidence. It was further contended that the prosecution has not been able to collect cogent strong materials to connect the chain of links of circumstantial evidence which could lead to the conclusion of th